DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 22 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because claim 22 reads on a transitory signal.
Applicants should amend claim 22 to recite “A computer program stored on a non-transitory computer readable medium…”.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Heitmann (U.S. Patent Application Publication No. 2018/0075776) in view of Nawab (U.S. Patent Application Publication No. 2016/0359992).
Regarding claim 1. A hairstyling device(101) comprising:
Heitmann discloses:
sensor equipment(motion sensors 208) configured to generate sensor output dependent on at least one use characteristic of the hairstyling device indicative of current use of the hairstyling device(motion sensor sensing senses being geomagnetic and acceleration sensors [0017]); and
a controller (120 and [0010])configured to:
receive the sensor output from the sensor equipment([0010]);
process the sensor different styling behaviour based on the at least one use characteristic of the hairstyling device([0010] [0025]); and
control the hairstyling device to perform an action using the classification data([0025]-[0026], [0035]).
Heitmann does not disclose:
output using a classification algorithm to obtain classification data, the classification algorithm configured to determine whether the hairstyling device is being used according to a first styling behavior or a second,
However, Heitmann discloses that the software configures the client device to “compare the detected motion with predetermined motion data for providing real-time performance results to the user to [sic] or to output instructions for the user to make a correction.”
IN related art, Nawab disclose software that uses processing to perform sensor data classification. ([0307]-[0314]) Nawab discloses that the recited features provide the benefit of allowing the data from the sensor to be used to determine a state of the device. As such, it would have been obvious to use the sensor data classification software of Nawab in the device of Heitmann for the obvious benefit providing guidance to the user of the device based on the why the device is being used. As such, the features of claim 1 would have been obvious to one having ordinary skill I the art prior to the effective filing date of this application.
Regarding claim 2.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the classification algorithm comprises a trained algorithm, the trained algorithm having been trained to determine whether the hairstyling device is being used according to the first styling behaviour or the second styling behaviour using training data.
In related art, Nawab discloses:
The hairstyling device according to claim 1, wherein the classification algorithm comprises a trained algorithm, the trained algorithm having been trained to determine whether the hairstyling device is being used according to the first styling behaviour or the second styling behaviour using training data. (See [0077]).
Nawab discloses the use of a trained algorithms make determinations based on the data from the sensors.
It would hae been obvious to use a trained algorithm as taught by Nawab in the device of Heitmann for the obvious benefit of improving the determinations made by the computer based on the sensor data. Thus, the features of claim 2 would have been obvious to one having ordinary skill in the art prior to the effective filing date of this application.
Regarding claim 3.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the classification algorithm comprises a machine learning algorithm.
In related art, Nawab discloses:
The hairstyling device according to claim 1, wherein the classification algorithm comprises a machine learning algorithm. (See [0077] and fig. 7, 780).
Nawab discloses the use of a trained algorithms make determinations based on the data from the sensors.
It would hae been obvious to use a trained algorithm as taught by Nawab in the device of Heitmann for the obvious benefit of improving the determinations made by the computer based on the sensor data. Thus, the features of claim 3 would have been obvious to one having ordinary skill in the art prior to the effective filing date of this application.
Regarding claim 4.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the hairstyling device comprises a machine learning agent, the machine learning agent comprising the classification algorithm.
In related art, Nawab discloses:
The hairstyling device according to claim 1, wherein the hairstyling device comprises a machine learning agent, the machine learning agent comprising the classification algorithm. (See [0077] and fig. 7, 780).
Nawab discloses the use of a trained algorithms make determinations based on the data from the sensors.
It would have been obvious to use machine learning agent comprising a classification algorithm as taught by Nawab in the device of Heitmann for the obvious benefit of improving the determinations made by the computer based on the sensor data. Thus, the features of claim 4 would have been obvious to one having ordinary skill in the art prior to the effective filing date of this application.
Regarding claim 5.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the first styling behaviour comprises a hair straightening behaviour, and wherein the second styling behaviour comprises a hair curling behaviour.
However, Heitmann discloses that the sensors data is used to provide real time performance results to the user based on the sensed data. As such, based on modified Heitmann disclosed above with respect to claim 1, it would have been obvious to implement the sensor data feed based on straightening and curling([0009]-[0011]), and use Nawab’s data classification software to determine the styling being done. As such, the features of claim 5 would have been obvious prior to the effective filing date of this application, for the obvious benefit of providing a user with guidance while using the device.
Regarding claim 6.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the first styling behaviour comprises a full-style behaviour, and wherein the second styling behaviour comprises a touch-up behaviour.
However, Heitmann discloses that the sensors data is used to provide real time performance results to the user based on the sensed data. As such, based on modified Heitmann disclosed above with respect to claim 1, it would have been obvious to implement the sensor data feed based on full-style and touch-up behaviour([0009]-[0011]), and use Nawab’s data classification software to determine the styling being done. As such, the features of claim 6 would have been obvious prior to the effective filing date of this application, for the obvious benefit of providing a user with guidance while using the device.
Regarding claim 7.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the first styling behaviour comprises a wet hair styling behaviour, and wherein the second styling behaviour comprises a dry hair styling behaviour.
However, Heitmann discloses that the sensors data is used to provide real time performance results to the user based on the sensed data. As such, based on modified Heitmann disclosed above with respect to claim 1, it would have been obvious to implement the sensor data feed based on wet hair styling and dry hair styling([0009]-[0011]), and use Nawab’s data classification software to determine the styling being done. As such, the features of claim 7 would have been obvious prior to the effective filing date of this application, for the obvious benefit of providing a user with guidance while using the device.
Regarding claim 8.
Heitmann discloses:
The hairstyling device according to claim 1, wherein the sensor equipment comprises an inertial measurement unit, IMU, and wherein the at least one use characteristic is indicative of movement of the hairstyling device.([0017])
Regarding claim 9.
Heitmann discloses:
The hairstyling device according to claim 1, wherein the hairstyling device comprises a hair contact member, the hair contact member comprising opposing first and second hair-contactable surfaces, the hair contact member being moveable between an open configuration and a closed configuration, and(See Figs. 1, disclosing a curling iron and flattening iron, [0011] which includes first and second contact members that open and close) wherein the at least one use characteristic is indicative of whether the hair contact member is in the open configuration or in the closed configuration.(See [0019] disclosing that the sensors may detect pressure on the heating plates which would sense if the device is opened or closed. )
Regarding claim 10.
Heitmann discloses:
The hairstyling device according to claim 1, wherein the sensor equipment comprises a Hall effect sensor.([0019])
Regarding claim 11.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the controller is configured to modify the classification algorithm using the sensor output.
In related art, Nawab discloses:
The hairstyling device according to claim 1, wherein the controller is configured to modify the classification algorithm using the sensor output.([0065][0077][0081]).
Nawab discloses that the device provides the custom algorithms for the obvious benefit of providing enhanced sensing data. As such, the features of claim 11 would have been obvious to one having ordinary skill in the art prior to the effective filing date of this application.
Regarding claim 12.
Heitmann discloses
The hairstyling device according to claim 1, wherein the hairstyling device comprises a heating element operable to cause heat to be applied to hair, and wherein the controller is configured to control the heating element based on the classification data(201 and Temperature sensor, [0014], and controlling the device based on the sensed temperatures).
Regarding claim 13.
Heitmann discloses
The hairstyling device according to claim 1, wherein the controller is configured to cause a user interface (See Fig. 1B)to provide an output based on the classification data(output is sent to user’s devices shown in fig. 1b as 120).
Regarding claim 14.
Heitmann discloses
The hairstyling device according to claim 1, wherein the controller is configured to store the classification data in a memory.(memory 207 is on the device, for storage, as well as the user devices memory may be used, see [0020] and [0021] indicating that styling may be stored on the user’s device.) It would have been obvious to store the classification data on the users device because the classifications of Nawab and Heitmann would then be computed and outputs provided on the user device. As such, It would have been obvious to store the data on the device where the software would be run. As such, the features of claim 14 would have been obvious to one having ordinary skill in the art prior to the effective filing date of this application .
Regarding claim 15.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the controller is configured to output the classification data for transmission to a remote device.
In related art, Nawab discloses:
The hairstyling device according to claim 1, wherein the controller is configured to output the classification data for transmission to a remote device. (See Fig. 4, )
Nawab discloses the recited features provide the benefit of allowing a user to get output from the sensor to provide the user feedback. As such, it would have been obvious to one having ordinary skill in the art to use the recited features to provide a user output advice based on the sensor data.
Regarding claim 16.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the controller is configured to: receive training data from a remote device; and modify the classification algorithm using the received training data.
In related art, Nawab discloses:
The hairstyling device according to claim 1, wherein the controller is configured to: receive training data from a remote device; and modify the classification algorithm using the received training data.([0071] [0124], [0160])
Nawab discloses the recited features provide the benefit of allowing a user to get output from the sensor to provide the user feedback based on good training data. As such, it would have been obvious to one having ordinary skill in the art to use the recited features to provide training data.
Regarding claim 17.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the classification algorithm comprises a Random Forest algorithm.
In related art, Nawab discloses:
The hairstyling device according to claim 1, wherein the classification algorithm comprises a Random Forest algorithm. 0077] [0124], [0160])
Nawab discloses the recited features provide the benefit of allowing a user to get output from the sensor to provide the user feedback based on good training data. As such, it would have been obvious to one having ordinary skill in the art to use the recited features to provide a random forest algorithm.
Regarding claim 18.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 1, wherein the controller is configured to use one or more contextual features as inputs to the classification algorithm to obtain the classification data.
In related art, Nawab discloses:
The hairstyling device according to claim 1, wherein the controller is configured to use one or more contextual features as inputs to the classification algorithm to obtain the classification data. ([0077] [0121] [0124], [0160] [0199])
Nawab discloses the recited features provide the benefit of the device taking the inputs then accessing the classified data which provides enhanced outputs to the user. As such, it would have been obvious to one having ordinary skill in the art to use the recited features to provide a random forest algorithm.
Regarding claim 19.
Heitmann discloses all of the features of claim 1.
Heitmann does not disclose:
The hairstyling device according to claim 18, wherein the one or more contextual features are indicative of previous uses of the hairstyling device and/or user preferences.
In related art, Nawab discloses:
The hairstyling device according to claim 18, wherein the one or more contextual features are indicative of previous uses of the hairstyling device and/or user preferences. ([0072] [0077][0079] [0121] [0124], [0160] [0199])
Nawab discloses the recited features provide the benefit of the device taking the inputs and perform based on a previous user and based on a current user’s preferences. As such, it would have been obvious to one having ordinary skill in the art to use the recited features to provide outputs and classification based on a previous uses and user preferences. Thus, the features of claim 19 would have been obvious to one having ordinary skill in the art prior to the effective filing date of this application.
Regarding claim 20.
Heitmann discloses
The hairstyling device according to claim 1, wherein the hairstyling device comprises a hair straightening device and/or a hair curling device.(See Fig. 1, and [0002])
Regarding claim 21.
Heitmann discloses
A method of operating a hairstyling device(Abstract), the hairstyling device comprising sensor equipment (Fig. 2 [0017])configured to generate sensor output dependent on at least one use characteristic of the hairstyling device indicative of current use of the hairstyling device, the method comprising:
receiving the sensor output(abstract208,) from the sensor equipment;
processing the sensor output([0017])
controlling the hairstyling([0014] [0035]) device to perform an action using the classification data.
Heitmann does not disclose:
using a classification algorithm to obtain classification data, the classification algorithm configured to determine whether the hairstyling device is being used according to a first styling behaviour or a second, different styling behaviour based on the at least one use characteristic of the hairstyling device; and
However, Heitmann discloses that the software configures the client device to “compare the detected motion with predetermined motion data for providing real-time performance results to the user to [sic] or to output instructions for the user to make a correction.”
IN related art, Nawab disclose software that uses processing to perform sensor data classification. ([0307]-[0314]) Nawab discloses that the recited features provide the benefit of allowing the data from the sensor to be used to determine a state of the device. As such, it would have been obvious to use the sensor data classification software of Nawab in the device of Heitmann for the obvious benefit providing guidance to the user of the device based on the why the device is being used. As such, the features of claim 21 would have been obvious to one having ordinary skill I the art prior to the effective filing date of this application.
Regarding claim 22.
Heitmann discloses:
A computer program comprising a set of instructions which, when executed by a computerised device(See Fig. 1A), cause the computerised device to perform a method of operating a hairstyling device, the hairstyling device comprising sensor equipment(208) configured to generate sensor output dependent on at least one use characteristic of the hairstyling device indicative of current use of the hairstyling device(abstract), the method comprising:
receiving the sensor output from the sensor equipment([0017]);
processing the sensor output ([0025]) and
controlling the hairstyling device to perform an action using the classification data([0032]).
Heitmann does not disclose:
using a classification algorithm to obtain classification data, the classification algorithm configured to determine whether the hairstyling device is being used according to a first styling behaviour or a second, different styling behaviour based on the at least one use characteristic of the hairstyling device;
However, Heitmann discloses that the software configures the client device to “compare the detected motion with predetermined motion data for providing real-time performance results to the user to [sic] or to output instructions for the user to make a correction.”
IN related art, Nawab disclose software that uses processing to perform sensor data classification. ([0307]-[0314]) Nawab discloses that the recited features provide the benefit of allowing the data from the sensor to be used to determine a state of the device. As such, it would have been obvious to use the sensor data classification software of Nawab in the device of Heitmann for the obvious benefit providing guidance to the user of the device based on the why the device is being used. As such, the features of claim 22 would have been obvious to one having ordinary skill I the art prior to the effective filing date of this application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G BACHNER whose telephone number is (571)270-3888. The examiner can normally be reached on Monday-Friday, 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ajay Ojha can be reached at (571)273-8936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT G BACHNER/Primary Examiner, Art Unit 2898